Assaubayev and others v Michael Wilson & Partners Ltd

Practice – Stay of proceedings. The question in the appeal was whether the judge had been wrong to stay a claim by which the claimants had challenged the defendant company's entitlement to recover legal fees in circumstances where, as they contended, the court itself had and should have exercised its supervisory jurisdiction over solicitors and others in relation to the matters of which they complained. The Court of Appeal, Civil Division, in dismissing the appeal, held that there had been nothing unsatisfactory in the court having ordered a stay and that the court was bound to stay the claims, unless the claimants established that the arbitration agreement was null and void, inoperative or incapable of being performed.

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